Underground Work (Women) Convention, 1935 (No. 45) - Angola (RATIFICATION: 1976)

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The Committee notes that the Government’s report has not been received. Noting the adoption of the new General Labour Act No. 7/15 of 15 June 2015, the Committee hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the specific issues raised in relation to the General Labour Act, and other matters raised in its previous comments.

Repetition

In its previous comments the Committee recalled that, on the basis of the conclusions and proposals of the Working Party on Policy regarding the Revision of Standards, the ILO Governing Body has decided that with respect to underground work the States parties to the Convention should be invited to contemplate ratifying the Safety and Health in Mines Convention, 1995 (No. 176), and possibly denouncing the Convention, even though the latter instrument has not been formally revised. On reading the Government’s report, the Committee notes that it has not supplied any new information on this subject. The Committee reminds the Government that the Convention will be next open to denunciation during a one-year period from 30 May 2017 to 30 May 2018 and that it may seek technical assistance from the Office to overcome any obstacles to the ratification of Convention No 176. The Committee requests the Government to supply information on any developments in this regard.

Plan of Action (2010–16). The Committee wishes to take this opportunity to inform the Government that in March 2010 the ILO Governing Body adopted a Plan of Action to achieve widespread ratification and effective implementation of the key instruments in the field of occupational safety and health (OSH), namely: the Occupational Safety and Health Convention, 1981 (No. 155), its Protocol of 2002, and the Promotional Framework for Occupational Safety and Health Convention, 2006 (No. 187) (GB.307/10/2(Rev.)). The Committee wishes to draw the Government’s attention to the fact that, under the terms of the Plan, governments may seek assistance from the Office if necessary in order to bring their national law and practice into conformity with these key OSH Conventions with a view to the ratification and effective implementation thereof. The Committee requests the Government to supply information on any needs it may have in this respect.

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In its previous comments the Committee recalled that, on the basis of the conclusions and proposals of the Working Party on Policy regarding the Revision of Standards, the ILO Governing Body has decided that with respect to underground work the States parties to the Convention should be invited to contemplate ratifying the Safety and Health in Mines Convention, 1995 (No. 176), and possibly denouncing the Convention, even though the latter instrument has not been formally revised. On reading the Government’s report, the Committee notes that it has not supplied any new information on this subject. The Committee reminds the Government that the Convention will be next open to denunciation during a one-year period from 30 May 2017 to 30 May 2018 and that it may seek technical assistance from the Office to overcome any obstacles to the ratification of Convention No 176. The Committee requests the Government to supply information on any developments in this regard.

Plan of Action (2010–16). The Committee wishes to take this opportunity to inform the Government that in March 2010 the ILO Governing Body adopted a Plan of Action to achieve widespread ratification and effective implementation of the key instruments in the field of occupational safety and health (OSH), namely: the Occupational Safety and Health Convention, 1981 (No. 155), its Protocol of 2002, and the Promotional Framework for Occupational Safety and Health Convention, 2006 (No. 187) (GB.307/10/2(Rev.)). The Committee wishes to draw the Government’s attention to the fact that, under the terms of the Plan, governments may seek assistance from the Office if necessary in order to bring their national law and practice into conformity with these key OSH Conventions with a view to the ratification and effective implementation thereof. The Committee requests the Government to supply information on any needs it may have in this respect.

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The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

The Committee notes the Government’s report, which indicates that there have been no new legislative or other measures which impact on the application of the Convention. The Committee also notes that the Government reiterates its earlier statement to the effect that the mines in Angola are opencast mines and not underground. Under the current circumstances therefore, the continued application of the Convention would appear to be without object.

The Committee takes this opportunity to recall that, based on the conclusions and proposals of the Working Party on Policy regarding the Revision of Standards, the ILO Governing Body has decided that with respect to underground work the States parties to Convention No. 45 should be invited to contemplate ratifying the Safety and Health in Mines Convention, 1995 (No. 176), and possibly denouncing Convention No. 45 even though the latter instrument has not been formally revised (see GB.283/LILS/WP/PRS/1/2, paragraph 13). Contrary to the old approach based on the outright prohibition of underground work for all female workers, modern standards focus on risk assessment and risk management and provide for sufficient preventive and protective measures for mineworkers, irrespective of gender, whether employed in surface or underground sites. As the Committee has noted in its 2001 General Survey on night work of women in industry in relation to Conventions Nos 4, 41 and 89, “the question of devising measures that aim at protecting women generally because of their gender (as distinct from those aimed at protecting women’s reproductive and infant nursing roles) has always been and continues to be controversial” (paragraph 186).

In the light of the foregoing observations, and also considering that the present trend is no doubt to remove all gender-specific restrictions on underground work, the Committee invites the Government to give favourable consideration to the ratification of the Safety and Health in Mines Convention, 1995 (No. 176), which shifts the emphasis from a specific category of workers to the safety and health protection of all mineworkers, and possibly also to the denunciation of Convention No. 45.

The Committee recalls that, according to established practice, the Convention will be next open to denunciation during a one-year period from 30 May 2017 to 30 May 2018. The Committee requests the Government to keep it informed of any decision taken in this regard.

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1. The Committee notes the Government’s report, which indicates that there have been no new legislative or other measures which impact on the application of the Convention. The Committee also notes that the Government reiterates its earlier statement to the effect that the mines in Angola are opencast mines and not underground. Under the current circumstances therefore, the continued application of the Convention would appear to be without object.

2. The Committee takes this opportunity to recall that, based on the conclusions and proposals of the Working Party on Policy regarding the Revision of Standards, the ILO Governing Body has decided that with respect to underground work the States parties to Convention No. 45 should be invited to contemplate ratifying the Safety and Health in Mines Convention, 1995 (No. 176), and possibly denouncing Convention No. 45 even though the latter instrument has not been formally revised (see GB.283/LILS/WP/PRS/1/2, paragraph 13). Contrary to the old approach based on the outright prohibition of underground work for all female workers, modern standards focus on risk assessment and risk management and provide for sufficient preventive and protective measures for mineworkers, irrespective of gender, whether employed in surface or underground sites. As the Committee has noted in its 2001 General Survey on night work of women in industry in relation to Conventions Nos. 4, 41 and 89, "the question of devising measures that aim at protecting women generally because of their gender (as distinct from those aimed at protecting women’s reproductive and infant nursing roles) has always been and continues to be controversial" (paragraph 186).

3. In the light of the foregoing observations, and also considering that the present trend is no doubt to remove all gender-specific restrictions on underground work, the Committee invites the Government to give favourable consideration to the ratification of the Safety and Health in Mines Convention, 1995 (No. 176), which shifts the emphasis from a specific category of workers to the safety and health protection of all mineworkers, and possibly also to the denunciation of Convention No. 45. In this respect, the Committee recalls that, according to established practice, the Convention will be next open to denunciation during a one-year period from 30 May 2007 to 30 May 2008. The Committee requests the Government to keep it informed of any decision taken in this regard.

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The Committee takes note of the indication in the Government's report that mines in Angola are opencast mines and not underground. It hopes that the Government will not fail to report on the application of the Convention, should the practice change and underground mines start to be exploited in Angola.

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The Committee takes note of the Government's report.

The Committee notes that the General Labour Act, No. 6/81 of 24 August 1981, prohibits the employment of women on unhealthy and dangerous work which should be determined by the Ministry of Labour and Social Security, acting in cooperation with the Ministry of Health and the National Union of Angolan Workers (section 154). It requests the Government to indicate if underground work in mines is included in the occupations prohibited for women under this provision, and if so, to supply a copy of the relevant decision.

The Committee also asks the Government to provide information on the application in practice of the provisions of the Convention, including for instance, extracts from the reports of the inspection services and information concerning any contraventions reported, in accordance with point V of the report form.

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The Committee takes note of the Government's report.

In its previous comments the Committee noted that following the enactment of the General Labour Act, No. 6/81 of 24 August 1981, the former legislation (Legislative Decree No. 2827 of 5 June 1959 issuing the Labour Code, and Decree No. 44309 of 27 April 1962 issuing the Rural Code) that gave effect to this Convention has been repealed.

The Committee again asks the Government to indicate the measures taken or contemplated to bring the legislation into conformity with the provisions of the Convention.

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The Committee notes that following the adoption of the General Labour Act No. 6/81, of 24 August 1981, the previous legislation (Legislative Decree No. 2827, of 5 June 1959, to issue the Labour Code in Angola, and Decree No. 44309, of 27 April 1962, to issue the Rural Code), which gave effect to the Convention, has been repealed.

The Committee requests the Government to indicate the measures that have been taken or are envisaged to bring the legislation into conformity with the provisions of the Convention.